Africa-Press – South-Africa. Johannesburg – The three Passenger Rail Agency of SA (Prasa) executives reinstated earlier this month will today return to the Labour Court to enforce the order that they resume their duties.
Prasa’s group executive: legal risk and compliance Martha Ngoye, its chief operating officer Nathi Khena and general manager: strategy Tiro Holele have told the Labour Court that they will suffer irreparable harm if Acting Judge Moses Baloyi’s order granted on March 2 reinstating them is not executed.
Ngoye, Khena and Holele say they will suffer irreparable harm if their urgent application is not heard and the relief they seek granted as they would not be able to obtain adequate redress.
In an affidavit filed at the Labour Court, Ngoye states that their contracts were terminated in “quite peculiar” circumstances as Prasa chairperson Leonard Ramatlakane not only informed the world that the agency had unlawfully terminated the executives’ contracts but liberal defamatory innuendo was published suggesting that they were guilty of taking advantage of instability in the board, procurement irregularities and other malpractices.
”It will be cold comfort to suggest that we await settlement or that this matter be heard. The proverbial horse has bolted. The prejudice, even if money is obtained at a later stage, would have occurred,” Ngoye explained in the affidavit.
She maintained that there can never be a suggestion that the executives’ trust relationship with Prasa has broken down or that their positions have been filled.
”Prasa can only benefit from our labour. For every day that we are not at work, and Prasa now has to move people around to carry more burdens while we are available, is simply nonsensical,” reads the affidavit.
According to Ngoye, Prasa’s appeal of Acting Judge Baloyi’s ruling has no prospects of success.
”By applying for leave to appeal, and therefore, suspending the operation of the judgment, Prasa aims to ensure that we are prejudiced irreversibly,” Ngoye complained.
The executives also want Ramatlakane and eight other Prasa board members to pay the costs of their application in their personal capacities and not be defrayed by the agency.
In her answering affidavit, Prasa’s acting group executive: human capital Thandeka Mabija has told the Labour Court that Ngoye, Khena and Holele’s application is without merit and fatally defective.
”The decision cannot be left unchallenged and the Labour Appeal Court must consider the findings as the judgment contains misdirections of law and fact, which are contrary to a line of decided cases by the Labour Court and the Constitutional Court,” argued Mabija.
Ngoye, Khena and Holele were fired in January and last month. The letter informing Ngoye of her dismissal in January states that Prasa intends to approach the courts to recover unauthorised and unlawful approval of over R58 million in payments.
Khena is accused by Prasa of “unauthorised and unlawful approval of an amount in excess of R25m without requisite authority”.
Holele was told by Mabija that he had overstayed his welcome at Prasa and his contract terminated with immediate effect.
However, Acting Judge Baloyi declared the termination of the executives’ contracts unlawful, their contracts of employment were extant and that they should be reinstated with their salaries and benefits.
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Politial Bureau
